Defendant says injuries were preexisting

John Suayan, Galveston Bureau Oct. 18, 2011, 7:27am


GALVESTON - A Kemah man who is the target of his sister-in-law's personal injury lawsuit has submitted his original answer.

According to Henry Farroux's Oct. 3 response, the alleged injuries and damages sustained by Sharla Kirklighter of Dickinson at his residence on Sept. 20, 2010, were the result of preexisting conditions.

Kirklighter sued Farroux last month in the Galveston County 405th District Court after falling from a scaffold at the defendant's house.

The suit explains that Farroux told Kirklighter, who was visiting the respondent with her husband at the time of the alleged incident, to stand on the subject scaffold which he reportedly built.

The scaffold was wobbly and caused the plaintiff to lose her balance, the original petition says.

"The defendant requested the plaintiff to stand on a homemade scaffold built by the defendant which consisted of two 2X4X8 ft. boards," the suit says.

"After the plaintiff climbed up the scaffold, it became shaky and unstable."

Court papers show the plaintiff fell as she straddled the boards, breaking her tail bone and suffering a herniated disk.

She additionally claims that she requires surgery.

Farroux argues "a third party over whom (he) has no control and for which (he) has no responsibility" is responsible for Kirklighter's ordeal in question.

He requests a jury trial.

Attorney H. Mark Burck of Houston is representing the defendant.

Case No. 11-cv-1433

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